Task 1 Flashcards
Three principles of justice
Fairness
Equality
Access
Explain fairness
Impartial treatment of parties; open system of justice
Includes regulation of police questioning and right to silence, independent and impartial judge and jury, strict rules of evidence and procedure and range of sentencing options
Explain equality
Both parties to be treated similarly all of same status
All to be equal before the law
Eg each party has opportunity to present case in court
Explain access
Must be accessible to resolve disputes
Eg right to legal representation, right to advice, assistance in own language and right to a fair trial
What are some Law enforcement bodies
Victoria police
Australian federal police
Australian boarder force
Victorian sheriffs office
Explain Victoria police and give some roles
Main law enforcement body at state level
Roles inc questioning witness and suspects, examining scene of crime, conducting searches of people and property, arrests, charge and preserving peace and emergency assistance
Explain Australian federal police
Main law enforcement body at federal level with work alongside state police, terrism, drug trafficking
What is a delegated body
A body given law making and law enforcement power by a parliament
Relevant parliament passes enabling act to give a body power
Reasons for delegated bodies
Time-parliaments do not have time to address all issues , delegated bodies do possess sufficient time to address distinct areas and enforce law
Expertise- Parliaments lack the expertise in certain areas, delegated bodies specialise in distinct realms such as local issues
Institutional powers and citizens rights
Police power to question vs right to silence
Police power to arrest vs citizen does not need to attend police station
Police power to bring matter to court vs accused right to present defense
Role of court
Determine outcome
And who determines guilt at each level
If accused please not guilty, court must determine guilt
M.C magistrate determines guilt
C.C-SCTD jury determines guilt
Role impose sanction
If accused found guilty or pleaded guilty punishment imposed by court eg imprisonment, community correction and or fine
M.C mag imposes sanction
C.c-Sctd judge imposes
